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FactSheet: Strata Title Information Victoria

The FactSheet is not printable, but rather full of the latest information in the form of dynamic links and/or presentations about Strata Title Information Victoria. New information and links are added regularly. Be sure to check back to be kept up-to-date.

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Feature Article

common property boundaries

What’s yours and what‘s common property?

Stephen Raff, Ace Body Corporate Management
Jan 2016: Strata managers regularly receive questions from strata lot owners about ‘what is mine’ or ‘where are the common property boundaries’?

Strata Legislation VIC

Legislation for Strata Title Information Victoria

Subdivision Act 1988

The purposes of this Act are to —

(a) set out the procedure for the subdivision and consolidation of land, including buildings and airspace, and for the creation, variation or removal of easements or restrictions; and

(b) regulate the management of and dealings with common property and the constitution and operation of bodies corporate.

Owners Corporations Act 2006

The purposes of this Act are —

(a) to provide for the management, powers and functions of owners corporations; and

(b) to provide for appropriate mechanisms for the resolution of disputes relating to owners corporations; and

(c) to amend the Subdivision Act 1988 in relation to the creation of owners corporations.

Owners Corporations Regulations 2007

The objective of these Regulations is to prescribe —

(a) the classes of prescribed owners corporations for the purposes of the Owners Corporations Act 2006;

(b) certain insurance requirements relating to owners corporations;

(c) when an existing owners corporation must establish an owners corporation register and information to be included on owners corporation certificates;

(d) fees, costs and charges payable under the Owners Corporations Act 2006;

(e) model rules for owners corporations;

(ea) offences in respect of which an infringement notice may be issued;

(f) other matters authorised or required to be prescribed for the purposes of the Owners Corporations Act 2006.

Consumer Affairs Legislation Further Amendment Bill 2014

The objective of these Regulations is to amend the Owners Corporations Regulations 2007 to prescribe the relevant maximum fees that may be charged by owners corporations for providing certain information under the Owners Corporations Act 2006.

Subdivision (Procedures) Regulations 2000

The objective of these Regulations are to —

(a) prescribe time limits for things done under the Subdivision Act 1988 ; and

(b) prescribe forms authorised by that Act; and

(c) provide for procedures relating to the certification of plans; and

(d) require Councils to maintain a register of applications made under that Act; and

(e) provide for other matters authorised by that Act.

Subdivision (Procedures) (Owners Corporations Amendment) Regulations 2007

The objective of these Regulations is to amend the Subdivision (Procedures) Regulations 2000 —

(a) to prescribe forms and procedures for the recording or giving of information in relation to owners corporations; and

(b) to make provision for plans of strata and cluster subdivision; and

(c) to make other amendments consequential on the amendment of the Subdivision Act 1988 in relation to owners corporations.

Consumer Affairs Victoria

Owners corporations

Learn how to run an owners corporation, and rights and responsibilities of members and managers.

Model rules for owners corporations

If your owners corporation does not make a rule covering any item in the model rules, then the model rule apply.

Useful Links

Useful Links for Strata Title Information Victoria

Consumer Affairs Victoria

Strata regulators for Victoria.

Housing and accommodation

Your rights and responsibilities, how to resolve disputes and where to find help – lots of strata title information Victoria.

Insurance – owners corporations

Your rights and responsibilities with regards to strata insurance.

Strata Community Australia (VIC)

The leading professional body for the strata and community title sector in Victoria.

Interpreting Strata Plans

Department of Sustainability and Environment

This document provides guidance on the interpretation of Strata Act plans.

VIC: Contact your local Member of Parliament

If you believe there is a strata issue that needs to be brought to the government’s attention.

Forms

Strata Forms for Strata Title Information Victoria

Consumer Affairs Victoria

Provides access to a number of strata title forms HERE under Owners Corporations. For example:

Dispute Resolution

Problems With Apartments? Complaint handling in your owners corporation – Strata Title Information Victoria

Consumer Affairs Victoria explains that there are three steps to handling grievances:

  1. internal dispute resolution
  2. conciliation through Consumer Affairs Victoria
  3. applications to the Victorian Civil and Administrative Tribunal (VCAT)

For details about the process, please read Consumer Affairs Victoria’s page Complaint handling in your owners corporation carefully.

Note that complaints MUST be made in writing to the owners corporation on the provided complaint form. A link to this form can found about half way down the Consumer Affairs Victoria’s page.

What to do if you are unhappy with your strata manager

Owners Corporation Managers are discussed in detail on Consumer Affairs Victoria’s page Working with your owners corporation manager. Information is provided about the Managers Role, Appointing a Manager & Removing a Manager.

Strata Reforms

smoking in strata common areas

Is it illegal to smoke cigarettes in an Owners Corporation?

Stephen Raff, Ace Body Corporate Management
Apr 2016: With smoking rates declining in Victoria and smokers increasingly being disallowed from lighting up in certain areas, how does this impact people smoking in Owners Corporations and what does the current Owners Corporation Act 2006 and Regulations 2007 say?

Consumer Property Law Review

Consumer Affairs Victoria
**Now Closed for Comments**

The Options Paper for the reform of the Owners Corporation Act 2006 was put out a last week. The paper is now open for public consultation.

This options paper examines the issues that have been identified for reform, and presents options for consideration in areas such as regulation of owners corporation managers and decision-making within owners corporations.

ByLaws

ByLaws & Strata Title Information Victoria

strata in victoria

Evolution of Strata in Victoria

Stephen Raff, Ace Body Corporate Management
May 2016: Stephen Raff, provides a very brief overview on the evolution of strata subdivisions in Victoria and how modern close proximity living was formed in the state.

short term rental apartments

“My Apartment is My Castle (and I’ll lease it on AirBnB if I want to)”

Nicole Wilde, Tisher Liner FC Law
Jul 2015: The latest regarding short term rental apartments in the Docklands building, Watergate: Owners Corporation Plan No. PS 501391P v Balcombe & Salter VCAT.

strata living victoria

Q&A: Strata Living Victoria

LookUpStrata, Sonya Williams from enLighten Australia and Daniel Hunt from Ace Body Corporate Management
Feb 2016: Over the past week or so we have received a few questions from lot owners asking about different aspects concerning strata Living in Victoria.

Model rules for owners corporations

If your owners corporation does not make a rule covering any item in the model rules, then the model rules apply.

Owners corporations

Consumer Affairs Victoria
Learn how to run an owners corporation, and rights and responsibilities of members and managers.

Strata Smoking

Strata Smoking & Strata Title Information Victoria

smoking in strata common areas

Is it illegal to smoke cigarettes in an Owners Corporation?

Stephen Raff, Ace Body Corporate Management
Apr 2016: Strata smoking – With smoking rates declining in Victoria and smokers increasingly being disallowed from lighting up in certain areas, how does this impact people smoking in Owners Corporations and what does the current Owners Corporation Act 2006 and Regulations 2007 say?

Strata Parking

Model rules for owners corporations

Model rules concerning strata parking in a scheme. If your owners corporation does not make a rule covering any item in the model rules, then the model rules apply.

Noise & Neighbours

Noise, Neighbours & Strata Title Information Victoria

Model rules for owners corporations

Model rules concerning duty to prevent nuisance. If your owners corporation does not make a rule covering any item in the model rules, then the model rules apply.

Strata Insurance

Strata Insurance & Strata Title Information Victoria

reinstatement and replacement insurance

Owners Corporation Reinstatement and Replacement Insurance – What Should it Cover?

Nicole Wilde, Tisher Liner FC Law
Oct 2015: The Owners Corporation Act 2006 (VIC) provides that an Owners Corporation must take out reinstatement and replacement insurance for all buildings on the common property.


Strata Insurance – owners corporations

Consumer Affairs Victoria
– your rights and responsibilities with regards to strata insurance.

Pets in Apartments


Strata Pets: Can a by-law specify the maximum allowed weight for a Pet?

Question

I’m in Vic and owner of apartment and rules say I can have a dog under 10kg, what if its a slightly larger dog. Is that ok?

Answer

From Simone Balsara, TEYS Lawyers:

A weight restriction for animals in a rule is open to challenge as being unreasonable and invalid. An Adjudicator in a Qld case, 212 on Margaret [2011], found a condition that an animal must not weigh more than 10kgs is an unreasonable restriction.

If an animal that has been approved puts on weight and becomes 10.5kgs, according to the rule it is in breach of the rule and can be removed. To monitor and enforce such a provision is not practical and therefore open to challenge.

Model rules for owners corporations

model rules concerning keeping of animals. If your owners corporation does not make a rule covering any item in the model rules, then the model rules apply.

Your Strata Levies

Strata Levies & Strata Title Information Victoria

Owners corporation amendment bill 2013

Owners Corporation Amendment Bill 2013 (Vic) to clarify annual fees

Peter Berney, Solutions in Engineering
Jul 2014: The Owners Corporation Amendment Bill 2013 (Vic) clarifies the way in which annual fees are set by Owners Corporations and provides guidance on the way that Owners Corporations levy certain fees in relation to works that do not affect all lots.

Maintenance & Common Property

OHS fines

Maximum OHS fine more than doubling in Victoria

Deborah Sullivan, QIA Group
Apr 2016: The maximum OHS fine in Victoria will more than double – to become higher than the maximum $3 million fine in the harmonised states – under a Government Bill introduced to Parliament in March 2016.

common property boundaries

What’s yours and what‘s common property?

Stephen Raff, Ace Body Corporate Management
Jan 2016: Strata managers regularly receive questions from strata lot owners about ‘what is mine’ or ‘where are the common property boundaries’?

common property leases

Common Property Leases and Licences – Legal Checklist

Nicole Wilde, Tisher Liner FC Law
Oct 2015: In order to validly grant common property leases, the Owners Corporation must pass a special resolution. Have you thought about all the items which need to be considered?

asbestos assessments

WorkSafe Victoria on Asbestos within Strata Schemes

Deborah Sullivan, QIA Group
Sep 2015: Are Owners Corporations required to gain an Asbestos Assessments under Division 5 (Asbestos in workplaces) for common areas that are not within the lot?


strata living victoria

Q&A: Strata Living Victoria

Sonya Williams from enLighten Australia and Daniel Hunt from Ace Body Corporate Management
Feb 2016: Over the past week or so we have received a few questions from lot owners asking about different aspects concerning strata Living in Victoria.

emergency exits

Q&A Emergency exits from common property areas

Layton Gale, Australian Essential Services Group
Nov 2015: It is a requirement of all buildings that there must be a safe and unobstructed path of travel and discharge from exit to the road or open space.

Model rules for owners corporations

Model rules concerning use of common property & body corporate’s duties in relation to common property. If your owners corporation does not make a rule covering any item in the model rules, then the model rules apply.

Property maintenance – owners corporations

Consumer Affairs Victoria
Including information concerning maintaining common property, renovating individual lots and maintenance plan.

Committee Concerns

special resolution

The Law can be like a rubber band – stretch it too far and it will break

Nicole Wilde, Tisher Liner FC Law
May 2016: If the Owners Corporation wanted to raise money for litigation expenses, it should have done so by raising a special fee under section 24 of the Owners Corporations Act 2006, which in that case, required a special resolution.


Owners corporation meetings and committees

Consumer Affairs Victoria
A selection of resources to assist people with meetings and committees.

Multiple owners corporations

Consumer Affairs Victoria
Some developments have several owners corporations (formerly body corporate) to help lot owners share rights, responsibilities and costs. This is common in subdivisions that have a mix of homes, shops and industry within the one complex.

Building Defects

Building Defects & Strata Title Information Victoria


Renting / Buying / Selling Strata Property

Renting / Buying / Selling Strata Property & Strata Title Information Victoria

residential tenancy agreement special conditions

Should Landlords Add a Special Condition into Residential Tenancy Agreements to Prohibit Tenants from ‘Licensing’ Apartments on Airbnb?

Nicole Wilde, Tisher Liner FC Law
Apr 2016: As Airbnb’s popularity increases, so do the number of tenants in Melbourne listing their rented apartments on Airbnb for their own commercial gain. Landlords of those apartments are often unaware of their tenants’ Airbnb arrangements and upon becoming aware, may wish to take steps to terminate their tenants’ residential tenancy agreement. However, a recent Victorian Civil and Administrative Tribunal decision suggests that Landlords may not be able to use their termination rights under section 253 of the Residential Tenancies Act 1997.

is there a maximum number of tenants

Q&A – Maximum Number of Tenants Allowed in Apartments

LookUpStrata & Daniel Hunt, Ace Body Corporate Management
Dec 2015: A Vic lot owner emailed a question to us over the past week: Is there a maximum number of tenants allowed in apartments in Victoria?

Buying an apartment or unit checklist

A useful checklist for buying strata property provided by Consumer Affairs Victoria.

Buying into an owners corporation

Consumer Affairs Victoria
A selection of resources to assist people buying into a strata scheme.

Strata Managers

Strata Managers  & Strata Title Information Victoria

terminating management agreement

“We wish to terminate your Owners Corporation Management agreement…”

Nicole Wilde, Tisher Liner FC Lawn

Sep 2015: Terminating Management Agreements: termination of current and appointment of new Owners Corporation Managers has been a hot topic in the industry in recent years.

Strata Plans / Strata Inspection Reports

Strata Plans & Strata Title Information Victoria

Interpreting Strata Plans

Department of Sustainability and Environment

This document provides guidance on the interpretation of Strata Act plans.

Sustainability

Sustainability & Strata Title Information Victoria

strata living victoria

Q&A: Strata Living Victoria

LookUpStrata, Sonya Williams from enLighten Australia and Daniel Hunt from Ace Body Corporate Management

Feb 2016: Over the past week or so we have received a few questions from lot owners asking about different aspects concerning strata Living in Victoria.

City of Melbourne

Sustainable apartments

Living in or owning an apartment can create challenges in making your building more sustainable. The City of Melbourne can help apartment owners, residents and building managers reduce water and energy usage and better manage waste and recycling.

Solar Case Study: Lifestyle Working

Lifestyle Working’s innovative strata-titled solar lots in Melbourne’s Docklands are giving business a new way to invest in solar.

High-rise apartment recycling

If you live in a high-rise apartment you can help reduce waste, greenhouse gas emissions and water consumption simply by reducing how much you throw away and by making sure that you recycle everything you can.

Growing Green Guide

State of Victoria: Department of Environment and Primary Industries
A guide to green roofs, walls and facades in Melbourne and Victoria, Australia.

Need Help?

Strata Services Directory

Looking for Strata Industry Experts for Victoria? Search within THE Strata Services Directory for the best list of contacts available.

Interested in being included in the Directory? Contact Nikki Jovicic, LookUpStrata for more information.

Disclaimer

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